Export control

1. Overview of export restrictions

The U.S. Government controls exports of sensitive equipment, software, and technology as a means to promote U.S. national security interests and foreign policy objectives.

2. Application to software

  • Software is regulated by the U.S. Department of Commerce, Bureau of Industry and Security, under the Export Administration Regulations (EAR). A software export under the EAR includes “any release of technology or software subject to the EAR in a foreign country,” or any release of “source code subject to the EAR to a foreign national.”
  • The term “release” is defined very broadly to include inspection by foreign nationals, exchanges of information, or the application of personal knowledge or technical experience acquired in the United States.

3. Exceptions

The EAR excludes publicly available software, except for some encryption technology. Other exceptions may be available for non-publicly licensed software. To determine whether exceptions are available, faculty principal investigators should contact the UNM Main Campus Office of Export Control for guidance before requesting EAR-controlled software installations on CARC systems. A written exception from UNM Export Control will be required.

4. Installation of export-controlled software

All requests for installation of export-controlled software on CARC systems require prior written approval or a written exception from UNM Export Control.

5. Contact information

UNM Main Campus Office of Export Control — email export@unm.edu, phone 505-277-2968.

Regulated data

Export control is separate from the data restrictions in the Good Neighbor Use Policy: HIPAA, PHI, PCI, FERPA, and CUI data may not be stored on or transferred via CARC systems.